§804-15 Recognizance. In all cases where a magistrate either commits for trial or bail the accused, the magistrate may cause each of the witnesses who has been examined and has testified to any material fact or circumstance in the case to enter into a recognizance, with or without surety, at the magistrate's discretion, in a sum fixed by the magistrate, conditioned for the witness' appearance at the sitting of the court at which the accused is bound or committed to appear. If a witness refuses to sign the recognizance when required, the witness may be committed to jail by the order of the magistrate, and shall be confined until the witness is brought before the court to testify, or until the witness gives the recognizance. [PC 1869, c 50, §13; RL 1925, §3991; RL 1935, §5445; RL 1945, §10745; RL 1955, §256-15; HRS §709-15; ren L 1972, c 9, pt of §1; gen ch 1985]
Rules of Court
Deposition of witness, see HRPP rule 15(a).
Case Notes
Defendant cannot attack this section as unconstitutional; not error to decline to order sheriff to allow counsel for defense to have private interview with certain witnesses for prosecution who are in custody. 11 H. 293 (1898).
Structure Hawaii Revised Statutes
Title 38. Procedural and Supplementary Provisions
804. Bail; Bond to Keep the Peace
804-6 Bail bond after conviction.
804-7.1 Conditions of release on bail, recognizance, or supervised release.
804-7.2 Violations of conditions of release on bail, recognizance, or supervised release.
804-7.4 General conditions of release on bail.
804-7.5 Right to a prompt hearing; release or detention.
804-8 No bail where wounding may terminate in death.
804-10.5 Sureties; qualification.
804-11 One surety sufficient; when.
804-16 Bail bond, etc., deposited where.
804-17 Prompt appearance and response; default.
804-18 Witness, summary process for.
804-31 Offense against complainant, arrest.
804-32 Bond pending trial and upon appeal.
804-33 Trial; bond protecting complainant.
804-35 Bond protecting others.
804-36 Term and renewal of bond.
804-37 Offense in presence of district judge.
804-38 Offense against other than complainant; arrest.